Sentences with phrase «circumstances of each case into»

The IAD takes all of the circumstances of the case into account when making its decision and can determine that a person can stay in Canada even if they breached the terms of their status or broken the law.

The election process is a «means by which the criminal law provides the Attorney General with sufficient flexibility to take the specific circumstances of each case into account and ensure that, in each case, the interests of justice are served.»

Not exact matches

in the case of our directors, officers, and security holders, (i) the receipt by the locked - up party from us of shares of Class A common stock or Class B common stock upon (A) the exercise or settlement of stock options or RSUs granted under a stock incentive plan or other equity award plan described in this prospectus or (B) the exercise of warrants outstanding and which are described in this prospectus, or (ii) the transfer of shares of Class A common stock, Class B common stock, or any securities convertible into Class A common stock or Class B common stock upon a vesting or settlement event of our securities or upon the exercise of options or warrants to purchase our securities on a «cashless» or «net exercise» basis to the extent permitted by the instruments representing such options or warrants (and any transfer to us necessary to generate such amount of cash needed for the payment of taxes, including estimated taxes, due as a result of such vesting or exercise whether by means of a «net settlement» or otherwise) so long as such «cashless exercise» or «net exercise» is effected solely by the surrender of outstanding stock options or warrants (or the Class A common stock or Class B common stock issuable upon the exercise thereof) to us and our cancellation of all or a portion thereof to pay the exercise price or withholding tax and remittance obligations, provided that in the case of (i), the shares received upon such exercise or settlement are subject to the restrictions set forth above, and provided further that in the case of (ii), any filings under Section 16 (a) of the Exchange Act, or any other public filing or disclosure of such transfer by or on behalf of the locked - up party, shall clearly indicate in the footnotes thereto that such transfer of shares or securities was solely to us pursuant to the circumstances described in this bullet point;

The court held that prisoners were not categorically excluded from the FLSA minimum wage provision and remanded the case for an inquiry into the circumstances of employment.

The Series A Preferred shall also be convertible into any future series of Preferred Stock (the «Future Preferred») under either of the following circumstances: (a) if such conversion is approved by the Board or (b) if such conversion is in connection with a future Preferred Stock equity financing in which the Company's fully diluted pre-money valuation is greater than the Company's fully diluted post-money valuation immediately following the Series A Financing contemplated by this term sheet (a «Future Financing»), in either case, on a one - for - one basis (subject to anti-dilution adjustment) at the option of the holder; provided however, if such conversion is in connection with a Future Financing, that the holder may convert into shares of Future Preferred only in the event that all of such shares of Future Preferred received by the holder upon conversion are sold to an Approved Investor (as defined below) no later than 90 days following the first closing of the Future Financing at a price per share no lower than the price per share at which the Company sells shares of such Future Preferred in the Future Financing and, provided further, that such Approved Investor is not an affiliate, family member, or related party of the holder.

A determination of whether a particular market participant is an underwriter must take into account all the facts and circumstances pertaining to the activities of the broker - dealer or its client in the particular case, and the examples mentioned above should not be considered a complete description of all the activities that could lead to designation as an underwriter.

I concluded at the time of the riots that of all the things the government now needed to do, it was the married family which most urgently needed to be rebuilt: I was and remain as certain of that as anything I have ever written, and I have been saying it repeatedly for over 20 years: I was saying it, for instance, when I was attacking (in The Mail and also The Telegraph), as it went through the Commons, the parliamentary bill which became that disastrous piece of (Tory) legislation called the Children Act 1989, which abolished parental rights (substituting for them the much weaker «parental responsibility»), which encouraged parents not to spend too much time with their children, which even, preposterously, gave children the right to take legal action against theirparents for attempting to discipline them, which made it «unlawful for a parent or carer to smack their child, except where this amounts to «reasonable punishment»;» and which specified that «Whether a «smack» amounts to reasonable punishment will depend on the circumstances of each case taking into consideration factors like the age of the child and the nature of the smack.»

Under the circumstances it is not all that surprising that many Jews have veered into left - or right - wing positions — or, in the case of Norman Podhoretz (editor of Commentary) and Paul Cowan (author of An Orphan in History), both.

A few days later, in a press conference, that bishop repeated that, while he didn't know the particular circumstances of every case, the right of conscientious objection is a human right and enters into every human right, for government officials and for everyone.

«I think the more we get into the legal issues here, and the facts and circumstances of the case, the more confident we are about the outcome,» said Smith attorney Ross Kramer.

In addition to the Burke - Loeb case, Newsday has reported that the comprehensive federal scrutiny of Spota's office has included whether there was anything unlawful in the handling of the investigation into the shooting of Huntington Station taxi driver Thomas Moroughan by an off - duty Nassau County police officer; the circumstances under which former Suffolk County Executive Steve Levy gave up a $ 4.1 - million - dollar campaign chest to the district attorney's office, and also agreed not to run for re-election; the legality of a wiretap placed on the phone of former Suffolk detective John Oliva; the resolution of the criminal case against well - known Suffolk criminal lawyer Robert Macedonio; the office's distribution of asset - forfeiture money; and the investigation into a number of political associates of Suffolk County Executive Steve Bellone.

The sudden closing led to a criminal investigation into the circumstances of the shutdown by Mr. Bharara's office, which took over the commission's cases and promised to continue its work.

«They reflect the particular circumstances of the schools and the time at which the inspections took place, in some cases just a couple of days into the start of the new school year,» he said.

Depending on the exact circumstances in your case, possible causes of not shifting into any gear are a faulty shift interlock, broken, or...

Oates is equally unflinching in her inquiry into class and racial conflicts, and in her imaginative and intrepid variations on actual circumstances and crimes, from the limited choices of disadvantaged women in her Detroit - set National Book Award — winning them (1969) to Marilyn Monroe's disastrous celebrity in Blonde (2000) to a tale of the opposite lives of two college students in Black Girl / White Girl (2006) to the JonBenet Ramsey case and the horrors of the tabloid press in My Sister, My Love (2008) to the festering wound of a long - ago New Jersey lynching in The Accursed (2013).

Acosta - Conniff (Conniff) is yet another case where a judge looked at the individual circumstances of a student loan debtor and felt that the person would be left in a worse financial position heading into retirement if the loan were not discharged.

Proxies are voted on a case - by - case basis in the best economic interest of the Focus Fund's investors taking into consideration all relevant contractual obligations and other circumstances at the time of the vote.

If this was the case, you might want to look into alternative debt solutions and see if any of them are a better fit to your circumstances.

We proudly work to especially help labs who have come into sad circumstances, and we provide those dogs with medical care above and beyond the standard in special cases like that of Little Miss Sunshine who is shown here.

Sure, there were very important circumstances factoring into that course of action (Phoenix Wright's assistant, Maya Fey, is being held hostage by a professional assassin hired by your sociopath client, and will certainly be murdered if Wright doesn't find a way to manufacture a «Not Guilty» verdict) and the subversion of the normal Ace Attorney formula is part of what makes 2 - 4 arguably the best case in the entire series.

There are some painters who are born great (Picasso), some who attained greatness due to circumstances of their time (David), and some whose work grows in importance posthumously (Kahlo); Jean - Michel Basquiat is a rare case of a painter who managed to fall into all three of these categories.

For advice or assistance in specific cases or whether to make certain a contemplated gift fits well into your overall circumstances and planning, the services of an attorney or other professional advisor should be obtained.

The advice provided by a skilled family law lawyer takes into account not just the text of the applicable legislation, but the case law interpreting that legislation, the applicable common law principles and the specific circumstances of the family as described by the client.

Though the range of arguments is wide and varied depending on the circumstances of the case and the underlying Investment Treaties, the overarching theme is simply that EU Law reigns supreme in relations between Member States and overrides all international law commitments that individual Member States - and the EU itself in the case of the Energy Charter Treaty - have entered into.

(3) In the case where an immediate appeal against a ruling has been lodged, and only when there is prima facie evidence showing that there are circumstances that will cause the revocation of the protection order, an appellate court may order, upon a petition, the suspension of the validity of the protection order until the judgment on the immediate appeal against a ruling has come into effect.

The factors the court will take into account will depend on the circumstances of the case and the country from which the children have been taken.

The courts only have power to deal with child maintenance issues in very limited circumstances, for example, where one of the parties lives outwith the UK or in «top up» cases, where the payer is earning more than the ceiling which the Child Maintenance Service takes into account (currently # 156,000).

On divorce, premarital agreements may be taken into account as one of the circumstances of the case.

Its conclusion that the prejudice from delay was nor proper basis to turn revocation into a lengthy suspension in the circumstances of this case is reasonable.»

Expensive items fixed into standard size holes and removable but part of the overall fitted kitchen: all physically fixed, plumbed or wired in and in most cases aligned with / abutted to and not too easily removed from the kitchen as a whole: in all the circumstances, to be regarded as fixtures.

«I think the [Supreme] court reaffirmed the idea that... the oppression remedy is a broad remedy, [meant to be] applied flexibly by a trial judge, taking into account the particular circumstances of any case,» Douglas Mitchell of Irving Mitchell Kalichman LLP in Montreal and lead counsel for the respondent, told Legal Feeds.

The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply.

An important part of your aviation injury case is the investigation into the circumstances and cause of your accident.

While recognizing that legitimate social policy objectives can justify a derogation from the prohibition of discriminating on the grounds of age, in this case, the objectives of this measure invoked by the Hungarian government — the need to standardize the age - limits for retirement for public sector employees and to establish a balanced age structure to facilitate access to younger members into the profession — were deemed to be neither necessary nor appropriate in the circumstances.

In determining its meaning, the court may take into consideration all the circumstances of the case, including any reasonable implications the words may bear, the context in which the words are used, the audience to whom they were published and the manner in which they were presented.

The Court also took into account the discretion of the legislator for such questions, holding that in the circumstances of the case the EU legislator «could legitimately consider» (para 57) that such legislation was necessary (see on the topic of margins of discretion of legislators and proportionality review Klatt and Meister, The Constitutional Structure of Proportionality, Oxford University Press 2012).

The procedural safeguards regarding voluntariness would not apply, and in this case, as well, the officer at all times acted in good faith, and I would find that a refusal to admit the actus reus under all the circumstances of this case could well bring the administration of justice into disrepute.

You are entitled to recover income lost from the time of your injuries until the time your claim is resolved, and if your injuries will continue to affect your ability to earn income into the future, you are entitled to compensation for loss of future income, which can be either calculated or estimated depending on the circumstances of your case.

Translating those obligations into the circumstances of this case, Sharp LJ confirms that the question which ought to have been asked was: «Whether, as a matter of objective fact visitors to the school were reasonably safe in using the premises, including for this purpose, the water fountain, bearing in mind of course that children do not behave like adults, and are inclined to lark around.»

2032 (b) In determining what is just and reasonable under the relative circumstances, the court shall take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party's case adequately, taking into consideration, to the extent relevant, the circumstances of the respective parties described in Section 4320.

49... Although I agree... that mental injury may be compensable in some form at international law, neither the intervener nor any other party has established that a peremptory norm of international law has now come into existence which would completely oust the doctrine of state immunity and allow domestic courts to entertain claims in the circumstances of this case.

the Court does not have power, or alternatively should not (absent exceptional circumstances) exercise a case management power to «transform» a claim pleaded as a Part 7 claim for breach of statutory duty under the PCR 2015 into a claim for judicial review,

They are «taken into account» and may be a significant factor in a divorce case to the extent that the English judge feels that it is proper to do so, depending on the circumstances of the case.It also means that if a prenuptial agreement is renegotiated and revised after the parties marry, it will likely be enforced.

14.1 (1) If, in an establishment in which any of the employees are represented by a bargaining agent, the employer or the bargaining agent is of the view that because of changed circumstances in the establishment the pay equity plan for the bargaining unit is no longer appropriate, the employer or the bargaining agent, as the case may be, may by giving written notice require the other to enter into negotiations concerning the amendment of the plan.

Our lawyers dig deeply into the facts of your case, accessing investigators who carefully examine the circumstances surrounding your arrest for a white collar crime.

Braunfotel & Frendel investigators look carefully into the facts of your case, including the circumstances and causes of your accident.

The costs referred to in article 40, paragraphs (a), (b), (c) and (f), shall be fixed by the Secretariat in accordance with the BVI IAC's Schedule of fees and costs, taking into account the amount in dispute, the complexity of the subject matter, the time spent by the arbitrators and any experts or assistants appointed by the arbitral tribunal, and any other relevant circumstances of the case.

If the couple can't agree on how to divide property and debts, a judge will decide, taking into account all of the circumstances of the case.

The judge will take all of the relevant circumstances of each individual case into consideration when making this very important determination.

Even then, discipline (including termination) was not automatic — rather, the Company would act reasonably, taking into account all the circumstances of the case.